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THORNTON v. STATE

No. 1D10-2307.

146 So.3d 170 (2014)

Darrell THORNTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 10, 2014.

Attorney(s) appearing for the Case

Steven Brian Whittington of Whittington & Culbert, P.A., Green Cove Springs, for Appellant.

Pamela Jo Bondi , Attorney General, and Donna A. Gerace , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Darrell Thornton appeals his convictions and sentences for attempted second-degree murder, battery, robbery with a deadly weapon, carjacking, and second-degree arson. As the State properly concedes, fundamental error in the conviction for attempted second-degree murder occurred when the court instructed the jury that an element of the lesser-included offense of attempted manslaughter by act is the commission of "an act which was intended to cause the death...

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